Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
12 Cards in this Set
- Front
- Back
|
Re Ellenborough Park |
Must be two pieces of land - servient and dominant Right must benefit the dominant land Dominant and servient owners must be different people Relative proximity Rights must be able to form the subject matter of a grant • capable grantor/grantee • sufficiently precise • analogous to previously recognized right • ouster principle - must not exclude servient owner |
|
|
Batchelor v Marlow |
Servient owner with sufficient enjoyment of land. No exclusive possession |
|
|
London & Blenheim |
Dominant and servient land/tenement must be identifiable when easement is created Cannot benefit a person, benefit the land |
|
|
Bailey v Stephens |
Tenements have to have sufficient geographical proximity - do not have to be neighbors |
|
|
Regency Villas |
Recreational rights are valid easements and capable of accommodating dominant land |
|
|
Wright |
Two pieces of land - satisfied when someone owns both plots but provided a lease over one of them to someone else |
|
|
Wong v Beaumont |
Ventilation duct for restaurant •necessary •common intention for restaurant |
|
|
Wheeldon v Burrows |
Owner sells part of total land - quasi-easement • continuous and apparent •necessary for reasonable enjoyment of land •in use both previously and at time of sale for the benefit of the part of the land sold |
|
|
Roe v Siddons |
•owners must be different people • must accommodate dominant land |
|
|
Batchelor |
Pool parking •not enough use of land |
|
|
Moncrieff |
• as long as sufficient use of land |
|
|
Massey |
• necessity - property cannot be used without it |
